Can an Employee Refuse a Medical Exam?

During a performance meeting, an underperforming employee suddenly goes on "stress leave" and hands you a generic doctor’s certificate. Weeks pass with no word of their return. You’re sympathetic to their situation, but you also have a business to run.  

Can you send them for an Independent Medical Examination (IME) to verify their condition? And if you do, can the employee refuse a medical exam? 

If you want to know, keep reading. 

Lawful and Reasonable Directions: The Legal Basis 

Under Australian employment law, employees generally must comply with their employer’s lawful and reasonable directions. A directive to attend an IME can fall into that category, but only if it’s both lawful (not breaching any contract or law) and reasonable in the circumstances. 

Courts and the Fair Work Commission have confirmed that employers can direct an employee to attend an IME when there’s a solid rationale. A federal court has held that an employer may require an IME if there’s a genuine need and it’s reasonable to do so. 

When is an IME Request “Reasonable”? 

How do you know if your IME request would be seen as reasonable? There’s no rigid formula, but common justifications include: 

• Long or frequent absences: Extended sick leave or repeated absences with no clear explanation or return date - an IME can help determine what’s going on and the path forward. 

• Health/safety concerns: Signs that the employee’s health is affecting their ability to work safely or effectively (especially in a high-risk role) - an IME can confirm if they’re fit for duty or if any restrictions are needed. 

• Insufficient information: The employee’s own doctor’s notes are too vague or don’t address the key issues about fitness for work - an IME can fill in the blanks. 

  
  

You should be able to demonstrate that an IME is necessary, and that you’re not using it to unfairly pressure the employee. 

➜ Tip: Before arranging an IME, ask the employee’s own doctor for a report (with the employee’s consent). If that doesn’t give you the answers you need, for example, the employee refuses consent or the doctor’s report is inadequate, your justification for an IME becomes much stronger.

Can an Employee Refuse to Attend a Medical Exam? 

Legally, an employee could refuse, you can’t physically compel someone to see a doctor. However, if your direction to attend the IME is lawful and reasonable, a refusal puts the employee on thin ice. Ignoring a lawful and reasonable directive is serious misconduct and could be a valid reason for termination. 

In a 2024 Fair Work Commission case, an employee on stress leave for over a year repeatedly refused to attend an IME. The Commission found the request was reasonable given her lengthy absence, and her refusal was a valid reason for dismissal. The Commission noted that if an employer cannot assess an employee’s capacity after such a long time, it’s reasonable to assume the employee might not be fit to resume their role. 

On the other hand, if your IME request wasn’t reasonable, say there was no real need, or you handled it heavy-handedly, then an employee’s refusal might be justified. Punishing someone in that scenario could land you in legal trouble. You might face an unfair dismissal claim, or a discrimination/adverse action claim if it looks like you penalised them for being ill or taking sick leave. 

Best Practices 

If you decide to proceed with an IME, keep these practices in mind: 

• Use IMEs only as a last resort: Don’t jump straight to an independent exam. Only consider an IME if other avenues haven’t provided the info you need (and make sure you have a strong, documented reason for it) 

  
  

• Communicate and accommodate: Explain the IME request to the employee clearly, what’s being requested and why, and who the doctor is. Make it clear that it’s about their safe return to work, not about distrust. Make it easy for them to comply: cover any costs and count the IME as paid work time. 

  
  

• Be fair if they resist: If the employee hesitates or objects, hear them out instead of rushing to discipline. Give a clear warning about the consequences of an unreasonable refusal. Dismissal should be the absolute last resort if they persist without a valid reason. 

Key Takeaways 

• A lawful IME direction can be enforced: If an IME request is lawful and reasonable, it’s valid; a well-founded request is enforceable, a baseless one isn’t. 

  
  

• Refusing a reasonable IME can have serious consequences: If an employee has no good reason to refuse a lawful IME, it may warrant disciplinary action (even dismissal). On the other hand, if the IME order wasn’t reasonable, trying to force it can backfire on you. 

Conclusion: Balancing Rights and Getting Help  

Handling IME requests is all about balance. You need to weigh the employee’s rights (privacy, fair treatment) against your need to maintain a safe, productive workplace. When used appropriately, an IME can be a valuable tool to clarify an uncertain situation (and even help identify any support an employee needs). Used inappropriately, it can damage trust and trigger legal risks. 

If you’re unsure about a particular case or want to implement clear policies on managing employee health issues, get in touch.  

I work with small and medium businesses to make HR easier, safer, and less stressful. 

Book a free discovery call today. Let’s make managing staff the least of your worries.  

Get in Touch

Need help? Contact us today - sandra@hrconsultingtas.com.au or 0408 408 225  

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The content provided on this website serves as a general information resource on the subjects discussed, and should not be considered tailored to specific individual circumstances or a replacement for legal counsel. While we exert significant effort to ensure the accuracy of our information, HR Consulting TAS cannot ensure that all content on this website is consistently accurate, exhaustive, or current. Recommendations by HR Consulting TAS and any information acquired from this website should not be regarded as legal advice.